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BAUERNFEIND v. ZELL

No. 92-1812.

190 Wis.2d 701 (1995)

528 N.W.2d 1

Richard BAUERNFEIND, Plaintiff-Appellant, v. Roger ZELL and James Coleman, d/b/a Coleman-Zell Construction and State Farm Fire & Casualty Company, Defendants-Respondents, The TRAVELERS COMPANY, Subrogated Party.

Supreme Court of Wisconsin.

Decided March 8, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by James G. Schernecker and Action Law, S.C., Madison and oral argument by James G. Schernecker.

For the defendants-respondents there was a brief by Kenneth T. McCormick, Jr. and Boardman, Suhr, Curry & Field, Madison and oral argument by James E. Bartzen.

STEINMETZ, J.

There are two issues in this case. The first issue is whether the plaintiffs claim is controlled by sec. 102.29(6), Stats., or by the four-prong "loaned employee" test originally set forth in Seaman Body Corporation v. Industrial Comm., 204 Wis. 157, 163, 235 N.W. 433 (1931). Because the plaintiff is not an employee of a "temporary help agency" within the meaning of sec. 102.29(6), we hold that his...

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